An offer and invitation to offer are two different terms, which must not be confused with one another. An offer is a proposal while an invitation to offer (treat) is inviting someone to make a proposal. In an offer, there is an intention to enter into a contract, of the party, making it and thus it is certain. On the other hand, an invitation to offer is an act which leads to the offer, which is made with an aim of inducing or negotiating the terms. So, in an invitation to offer, the offeror, … [Read more...]
Difference Between Bailment and Pledge
In simple terms, bailment refers to hand over or assignment the goods, which involves change in possession but not in the ownership of goods. It is the transfer of goods from one party to another party for some specific purpose. It is not same as pledge, which is just a variant of bailment. Pledge implies a contract, in which an article is delivered or say deposited with the money lender, as security for repayment of a debt owed by him/her or performance of promise. The main difference … [Read more...]
Difference Between Fraud and Misrepresentation
'Fraud' means a willful misrepresentation of a material fact while 'Misrepresentation' means a bonafide representation which is false. The former is an untrue statement given by one party that indues other party to enter to the contract, whereas the latter is the statement of fact, made by one party, believing that it is true, then this is innocent misrepresentation. The main difference between fraud and misrepresentation is that, fraud is done with an aim of deceiving others, which is not in … [Read more...]
Difference Between Void Contract and Voidable Contract
When an agreement is enforceable at law, it becomes a contract. Based on validity, there are several types of contract, i.e. valid contract, void contract, illegal contract, etc. Void contract and voiadable contract are quite commonly miscontrued, but they are different. Void Contract, implies a contract which lacks enforceability by law, whereas Voidable Contract, alludes to a contract wherein one party has the right to enforce or rescind the contract, i.e. the party has to right to put the … [Read more...]
Difference Between Share Certificate and Share Warrant
A share certificate is a written document prepared by the company under its common seal and sent to the members, containing the number of shares held by him/her and the amount paid thereon. The document work as an evidence for the ownership of shares of the shareholder. It is not exactly same as share warrant. Technically, share warrant, is an instrument, which signifies that the holder of the instrument is entitled to the shares mentioned in it. It a bearer document, which can be transferred … [Read more...]
Difference Between Memorandum of Association and Articles of Association
The memorandum of association and articles of association are the two charter documents, for the setting up of the company and its operations thereon. 'Memorandum of Association' abbreviated as MOA, is the root document of the company, which contains all the basic details about the company. On the other hand, 'Articles of Association' shortly known as AOA, is a document containing all the rules and regulations designed by the company. While the MOA sets out the company's constitution, and so … [Read more...]
Difference Between Coercion and Undue Influence
'Coercion' is the act of threatening a person, to compel him/her to enter into the contract and perform the obligation. On the contrary, 'Undue Influence' is an act of controlling the will of the other party, due to the dominant position of the first party. When the consent of any of the parties to contract is affected by coercion or undue influence, it is said that consent is not free. The essence of a contract is agreement, i.e. mutual consent, i.e. the parties to the contract agreed upon … [Read more...]
Difference Between Cheque and Bill of Exchange
'Cheque' is an instrument which contains an unconditional order, drawn on a banker, directing to pay a certain sum of money to the person whose name is specified in the instrument. In contrast, 'Bill of Exchange' is a document contains an unconditional order, directing a person, to pay a certain amount to a specified person. A negotiable instrument is a written document, which entitles a certain amount and is transferable from one person to another, by simple delivery or by endorsement and … [Read more...]
Difference Between Share and Stock
As per Section 61, Companies Act, 2013, the company can convert its shares which are fully paid up, into stock. A 'Share' is the smallest unit into which the company's capital is divided, representing the ownership of the shareholders in the company. A 'Stock' on the other hand is a collection of shares of a member that are fully paid up. When shares are transformed into stock, the shareholder becomes a stockholder, who possess same right with respect to the dividend, as a shareholder … [Read more...]
Difference Between Verbal and Nonverbal Communication
Communication is a natural phenomenon, it is an act of interacting with people and sharing information with them. Do you know, whether you speak or not, it communicates the message to the other party. There are two types of communication Verbal and Non-verbal. Verbal communication is a form of communication in which you use words to interchange the information with other people either in the form of speech or writing. On the contrary, Nonverbal communication does not use words for … [Read more...]
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